RAM KRISTO CHAKRABURTTY Vs. NARENDRA KISHORE ROY

JUDGEMENT

(1.) The plaintiffs, as purchasers of a revenue-paying estate at a sale under the Revenue Sale Law, brought the suit out of which this appeal arises, to recover possession of the lands in suit, on a declaration that the lands appertained to the estate purchased by them.

(2.) The defendants pleaded that the lands formed part of a taluk called Taluk Mohamaya which was held from the time of the Permanent Settlement, and was, therefore, protected under the provisions of Section 37 of Act XI of 1859.

(3.) The Court of first instance found that a portion of the lands, appertains to the estate purchased by the plaintiffs and that finding has-been affirmed by the Court of Appeal below. The Courts below have also concurred in finding that Taluk Mohamaya is a taluk existing from before the Permanent Settlement and is, therefore, protected under Section 37 of Act XI of 1859.